Law 11.705, known as the Dry Law, was approved in 2008 with the aim of reducing traffic accidents caused by drivers who are under the influence of alcohol.
This law led to an amendment to the Brazilian Traffic Code and restricted the consumption of alcoholic beverages by vehicle drivers.
While the previous legislation allowed the maximum amount ingested to be 0.6 mg of alcohol / L of blood, with the new law the permitted values dropped to 0.1 mg of alcohol / L of blood. Currently, the value has become even more rigorous and the maximum level is 0.05 mg / L.
Therefore, inspections are made with the use of breathalyzers, which determine the amount of alcohol present in the air expelled by the driver. Awareness campaigns are also carried out regularly, as they keep the population always alert to the risks of drunk driving.
Prohibition in Brazil
On June 19, 2008, the law that increased the strictness of alcohol consumption by drivers was passed. Under the Traffic Act, driving after drinking alcohol is an offense.
Before the enactment of the law, a Provisional Measure was instituted in January of the same year, MP No. 415, to prohibit the sale of alcoholic beverages on the highways. With the creation of the Prohibition Law, this MP ended.
When Law 11,705 came into force, it amended articles 165 and 306 of the Brazilian Traffic Code and the ban on the sale of alcohol on the highways continued to be made. In these two articles, it is possible to see that the act of driving after drinking is classified as an infraction or even a crime.
Article 106 considers the fact of drunk driving to be a very serious offense and the individual may have the right to drive suspended for twelve months, in addition to a fine.
Article 306 considers the combination of alcoholic beverages, or other psychoactive drugs, and driving to be a crime, with detention from 6 months to 3 years, a fine and suspension of the right to drive.
What are the penalties of Prohibition?
When it is proven that the driver was under the influence of alcohol, the penalties for this infraction may be: application of a fine, suspension of the driver’s license and even imprisonment.
Today, when the driver passes the breathalyzer test and the irregularity is confirmed, a fine of R $ 2,934.70 can be applied. If the driver refuses to take the test, the same amount is applied as a penalty.
When the driver’s license is suspended, the individual is deprived of driving for 12 months. In the case of homicide caused by drunkenness, the driver causing the accident may be imprisoned for 5 to 8 years.
Drinking and driving: what are the risks?
Alcohol is a psychotropic drug and contributes to traffic accidents as it can interfere with the central nervous system.
Alcoholic beverages have different levels of alcohol. Therefore, they are metabolized by the body at different times, until they are eliminated.
Before being digested, the alcohol remains in the bloodstream without undergoing major chemical changes in the period between one and two hours.
In addition to the alcohol content of the drink ingested, the time for the metabolization of alcohol in the body can vary from person to person, as it is influenced by age, weight, medication and food intake.
The consumption of alcohol makes the reflexes slower, there is a decrease in concentration and precision of the driver’s vision, increasing the individual’s response time in the event of an unforeseen event.
Therefore, the ideal is to take public transport or a taxi when drinking alcoholic beverages and thus avoid putting your life and that of others at risk.
How does the breathalyzer work?
The breathalyzer test, whose official name is alcohol meter, is used to detect the presence of alcohol in the bloodstream when the Prohibition blitz occurs.
The detection is made by the air expelled from the individual’s lungs through the breath on the equipment. The measurement is done in this way, because when blood passes through the lungs, alcohol evaporates because it is a volatile substance.
The simplest device uses a cartridge with potassium dichromate under particles of silica gel. The color change occurs through contact with alcohol, if the individual has ingested it, in an oxirreduction reaction.
The greener the cartridge means that the concentration of alcohol consumed is higher and therefore more chromium sulfate has been formed.
In the most modern breathalyzers the detection of alcohol is also done by oxidation , producing an acid. However, a platinum catalyst is used and there is a porous plastic disc, which receives the air expelled by the individual. Electrodes connected to the disc conduct electrical current and detect the alcohol level according to the current generated.
Other laws
In relation to the consumption of alcoholic beverages, there is a law previous to the Dry Law, this is Law No. 11.275 / 2006, in which the infraction of driving under the influence of alcohol or any narcotic substance that determines physical or mental dependency is described.
In 2016, Law No. 13,281 changed traffic laws. It established new values for fines in the event of an infraction for driving under the influence of alcohol.
Law No. 13,546 of 2018 added more information on alcohol consumption, making Prohibition even stricter, especially in cases of serious injury or wrongful death.
Curiosities
- The term “Prohibition” originated in the United States, due to the restriction created in 1919 for the manufacture, commercialization, export and consumption of alcoholic beverages in American territory. In Brazil, although the same term is used, the scope is different.
- According to the World Health Organization – WHO in 2007, the year prior to the enactment of Prohibition, Brazil was the fifth country in the world with the highest number of deaths from traffic accidents. According to the Unified Health System – SUS, from 2000 to 2007 there was a 30% increase in the number of road accidents.